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(영문) 부산지방법원동부지원 2019.08.22 2018가단224868

건물인도 등

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1. The Defendants are jointly and severally liable to the Plaintiffs each amounting to KRW 42,274,644 and each of them from February 23, 2019 to August 22, 2019.

Reasons

1. Basic facts

A. The Plaintiffs are running a leasing business by owning 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On December 28, 2016, the Plaintiffs concluded a commercial lease agreement with Defendant C and the instant real estate with the content that KRW 100,000,000,000 for lease deposit amounting to KRW 100,000 for monthly rent (including additional tax, KRW 1,000 for each month), and the term of lease from January 1, 2017 to December 31, 2021.

(hereinafter “instant lease agreement”). C.

On January 21, 2019, the Defendants: (a) operated a coffee shop together with the instant real estate; and (b) notified the Plaintiffs of the termination of the instant lease agreement on the grounds of the rent delay; and (c) delivered the instant real estate to the Plaintiffs.

On the other hand, from October 1, 2017, the Defendants did not pay monthly rent to the Plaintiffs, and the management expenses also did not pay 12,097,690.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendants asserted that the rent from October 1, 2017 to January 21, 2019, which was the date when they delivered the real estate of this case to the plaintiffs, was the aggregate of KRW 172,451,598 [165,00,000 (11,00,000 x 15 months x 15 months] 7,451,598 won for the calculation of KRW 7,451,612 (less than KRW 11,00,000 x 31 x 21 days x 21 days], and the defendants asserted that the amount of rent from the rent in arrears to the date when they were delivered to the plaintiffs should be deducted from the amount of KRW 124,64,00,00,000 x 200,000 per annum 20,000,000 won per annum 29,005,29.